MUNICIPAL 

GOVERNMENT 

State  Laws  Providing  for  the  Organ¬ 
ization  and  Regulation  of 
Municipalities . 


CITY  COMMISSION 

Election ,  Powers ,  Duties  and  Privileges 

of  Officers 


ENACTED  IN  MARCH,  1911 
EFFECTIVE  JAN.  1,  1912 


LEGISLATIVE  ENACTMENT 

By  an  act  of  the  State  Legislature,  approved  March  20th,  1911,  a 
commission  form  of  government  was  provided  for  Utah  cities  of  the 
first,  second  and  third  class;  all  conflicting  acts  were  repealed,  and  all 
rights,  duties,  powers  and  privileges  then  vested  in  the  board  of  public 
works,  the  mayor  and  city  council  of  cities  of  the  first  class  were  given 
to  the  board  of  commissioners,  to  become  effective  at  12  o’clock  noon 
the  first  Monday  in  January,  1912. 


11 0  '12  ‘dc.cl,  S'bo.'tc.  'A.  lvrA^‘13 


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MUNICIPAL  GOVERNMENT 


Incorporated  cities  of  every  class  in  the  State  of  Utah  were  placed 
under  a  commission  form  of  government  by  an  act  of  the  legislative 
assembly  of  1911;  the  law  became  effective  at  the  beginning  of  the  year 
1912;  the  plan  was  not  submitted  to  the  voters  for  ratification,  but  the 
law  was  enacted  in  response  to  a  popular  demand. 

This  law  and  the  one  authorizing  the  holding  of  an  election  to  carry 
out  the  commission  idea  were  approved  simultaneously  on  the  20th  of 
March,  1911,  in  accordance  with  which  a  primary  election  was  held  on 
the  24th  of  October,  1911,  and  a  regular  election  on  the  7th  day  of  Novem¬ 
ber,  1911. 

Municipal  Government.  The  municipal  government  of  all  cities  of  the 
first  class  is  hereby  vested  in  a  board  of  five  commissioners,  consisting 
of  a  mayor  and  four  commissioners,  and  in  cities  of  the  second  class  in 
a  board  of  commissioners,  consisting  of  a  mayor  and  two  commissioners 
to  be  known  as  the  board  of  commissioners  of  their  respective  cities. 
The  municipal  government  of  all  cities  of  the  third  class  is  hereby 
vested  in  a  mayor  and  city  council.  The  city  council  shall  be  composed 
of  five  councilmen,  chosen  at  large  by  the  qualified  voters  of  the  city. 
The  board  of  commissioners  of  cities  of  the  first  and  second  class  shall 
discharge,  exercise  and  have  all  the  duties,  powers  and  privileges  as  are 
now  or  may  be  hereafter  provided  by  law  and  are  now  or  may  be  here¬ 
after  vested  jointly  or  severally  in  the  mayor  and  city  council  of  cities 
of  the  first  and  second  class,  and  shall  have  all  the  rights,  duties,  powers 
and  privileges  as  may  hereafter  be  provided  by  law  for  boards  of  com¬ 
missioners  of  cities  of  the  first  and  second  class;  the  boards  of  commis¬ 
sioners  of  cities  of  the  first  and  second  class  shall  be  the  successors  in 
office  of  the  mayor  and  city  councilmen  of  said  cities  of  the  first  and 
second  class,  and  the  offices  of  mayor  and  city  councilmen  in  cities  of 
the  first  and  second  class  as  now  provided  by  law  are  hereby  abolished, 
to  take  effect  on  the  first  Monday  in  January,  1912,  at  twelve  o’clock 
meridian. 

Mayor,  Commissioners  and  Auditors.  The  mayor,  commissioners  and 
auditors  of  cities  of  the  first  and  second  class  and  mayors  and  city  coun¬ 
cilmen  of  cities  of  the  third  class,  shall  be  qualified  voters  within  their 
respective  cities. 

How  Chosen.  The  mayor,  commissioners  and  auditors  of  cities  of 
the  first  and  second  class  and  the  mayors  of  cities  of  the  third  class, 
shall  be  chosen  by  the  qualified  voters  of  their  respective  cities. 


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Mayor,  Commissioners.  The  chief  executive  of  cities  of  the  third  class 
shall  be  the  mayor  of  said  cities  and  during  his  temporary  absence  or 
disability,  the  city  council  shall  elect  one  of  its  number  to  act  as  mayor 
pro  tern,  who  during  such  absence  or  disability  shall  possess  the  power 
of  mayor.  In  cities  of  the  first  and  second  class  the  rights,  powers, 
duties  and  privileges  as  are  now  provided  by  law  for  the  mayors  of  said 
cities  respectively  shall  be  vested  in  the  board  of  commissioners  of  said 
cities  of  the  first  and  second  class. 

Vacancies.  Whenever  a  vacancy  shall  happen  in  the  office  of  mayor 
of  cities  other  than  cities  of  the  first  and  second  class,  the  city  council 
shall  elect  a  mayor  who  shall  possess  all  the  rights  and  powers  of  mayor 
until  the  next  municipal  election  and  until  his  successor  is  elected  and 
qualified. 

If  any  vacancies  shall  occur  in  the  office  of  councilman  by  death, 
resignation,  removal,  or  otherwise,  such  vacancy  shall  be  filled  for  the 
unexpired  term  by  appointment  of  the  city  council  from  the  ward  in 
which  the  vacancy  occurs.  If  any  vacancy  shall  occur  in  the  office  of 
mayor,  commissioner  or  auditor  for  cities  of  the  first  and  second  class 
by  death,  resignation,  removal,  or  otherwise,  such  vacancy  shall  be  filled 
for  the  unexpired  term  by  appointment  of  the  board  of  commissioners. 
Should  the  board  of  commissioners  fail  for  thirty  days  to  fill  the  vacancy 
in  the  board,  then  the  auditor  shall  sit  as  a  member  of  the  board,  for 
the  purpose  only  of  choosing  some  person  to  fill  said  vacancy. 

Chairman  of  Board.  Powers  and  Duties  of  Commissioh.  In  cities  of  the 
first  and  second  class,  the  mayor  shall  be  chairman  of  the  board  of  com¬ 
missioners.  The  mayor  shall  preside  at  all  meetings  of  the  board 
and  shall  have  the  right  to  vote  upon  all  questions  coming  before  the 
board,  and  in  case  of  his  absence  or  inability  to  act,  the  members  present 
must  by  an  order  entered  in  the  records,  select  one  of  their  number  to 
act  as  chairman  temporarily.  The  board  of  commissioners  shall  have 
power  to  enforce  the  attendance  of  witnesses,  the  production  of  books 
and  papers  and  power  to  administer  oaths  in  the  same  manner  and  with 
like  effect  and  under  the  same  penalties  as  in  the  case  of  judges  of  the 
district  court  exercising  civil  or  criminal  jurisdiction  under  the  laws  of 
Utah.  In  cities  of  the  first  class  not  less  than  three  members  shall  con¬ 
stitute  a  quorum  for  the  transaction  of  business,  and  no  act  of  the  board 
shall  be  valid  or  binding  unless  three  members  concur  therein.  In  cities 
of  the  second  class  not  less  than  two  members  shall  constitute  a  quorum 
for  the  transaction  of  business  and  no  act  of  the  board  shall  be  valid 
or  binding  unless  two  members  concur  therein.  Upon  every  vote  the 
yeas  and  nays  shall  be  called  and  recorded  and  every  motion,  resolution, 
or  ordinance  shall  be  reduced  to  writing  and  read  before  the  vote  is 
taken  thereon.  The  mayor  shall  have  no  power  to  veto  any  measure,  but 
every  resolution  or  ordinance  passed  by  the  board  must  be  signed  by 
the  mayor,  or,  if  he  be  absent  from  the  meeting,  by  the  temporary  chair¬ 
man,  or  by  two  commissioners,  and  be  recorded  before  the  same  shall 


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be  in  force.  The  commissioners  shall  each  month  print  in  pamphlet 
form  a  detailed  and  itemized  statement  of  all  receipts  and  disbursements 
of  the  city  and  a  summary  of  their  proceedings  and  expenses  during 
the  preceding  month,  and  furnish  printed  copies  thereof  to  the  news¬ 
papers  of  the  city  and  to  persons  who  shall  apply  therefor  at  the  office 
of  the  recorder.  At  the  end  of  each  year  the  commissioners  shall  cause 
a  full  and  complete  examination  of  all  the  books  and  accounts  of  the  city 
to  be  made  by  competent  accountants,  and  shall  publish  the  result  of 
such  examination  in  the  manner  above  provided  for  monthly  statements. 

Meetings.  Departments.  The  city  council  in  cities  of  the  third  class 
shall  prescribe  the  time  and  place  of  holding  its  meetings;  provided,  that 
at  least  one  meeting  shall  be  held  each  month  and  the  mayor  or  any 
two  members  of  the  council  may  call  a  special  meeting  by  giving  notice 
of  it  to  each  of  the  members  of  the  council,  served  personally  or  left  at 
his  usual  place  of  abode.  , 

In  cities  of  the  first  and  second  class,  the  board  of  commissioners 
shall  prescribe  the  time  and  place  of  holding  its  meetings;  provided, 
that  at  least  four  public  meetings  a  week  shall  be  held  by  said  board 
and  one  of  said  meetings  shall  be  held  in  the  evening.  If  at  any  time 
the  business  of  the  city  requires  a  special  meeting  of  the  board  of  com¬ 
missioners,  such  meeting  may  be  ordered  by  a  majority  of  the  board 
or  by  the  mayor  or  temporary  chairman  thereof.  The  order  must  be 
signed  by  the  members  or  mayor  or  chairman  calling  such  meeting,  and 
must  be  entered  in  the  minutes  of  the  board.  Not  less  than  three  hours’ 
notice  of  such  special  meeting  must  be  given  by  the  recorder  to  each 
member  not  joining  in  the  order,  said  notice  to  be  served  personally  or 
left  at  his  usual  place  of  abode.  All  meetings  of  the  board  of  commis¬ 
sioners,  to  which  any  person  not  a  city  officer  is  admitted,  must  be 
public,  the  books,  records  and  accounts  must  be  kept  at  the  office  of  the 
city  recorder  and  open  at  all  times  during  the  business  hours  for  public 
inspection. 

The  board  of  commissioners  shall  have  power  to  make  and  enforce 
such  rules  and  regulations  for  the  government  of  the  board,  the  preser¬ 
vation  of  order  and  the  transaction  of  business  as  may  be  necessary. 

Division  of  Labors.  The  said  board  of  commissioners  shall  have,  pos¬ 
sess  and  exercise  all  executive,  administrative  and  legislative  powers  and 
duties  now  had,  possessed  and  exercised  by  the  mayor,  city  council  and 
board  of  public  works  in  cities  of  the  first  and  second  class.  The  execu¬ 
tive  and  administrative  powers,  authority  and  duties  in  such  cities  of 
the  first  and  second  class  shall  be  distributed  into  and  among  five  depart¬ 
ments  as  follows : 

1.  Department  of  Public  Affairs  and  Finance. 

2.  Department  of  Water  Supply  and  Water  Works. 

3.  Department  of  Public  Safety. 

4.  Department  of  Streets  and  Public  Improvements. 

5.  Department  of  Parks  and  Public  Property. 


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The  said  board  of  commissioners  shall  at  the  first  regular  meeting 
after  the  election  of  its  members,  designate  by  a  majority  vote  one  com¬ 
missioner  to  be  superintendent  of  the  department  of  public  affairs  and 
finance;  one  to  be  superintendent  of  the  department  of  water  supply 
and  water  works;  one  to  be  superintendent  of  the  department  of  public 
safety;  one  to  be  superintendent  of  the  department  of  streets  and  public 
improvements,  and  one  to  be  superintendent  of  the  department  of  parks 
and  public  property,  but  such  designation  shall  be  changed  whenever 
it  appears  that  the  public  service  shall  be  benefited  thereby;  provided, 
that  in  cities  of  the  second  class  no  member  of  the  board  shall  be  super¬ 
intendent  of  more  than  two  departments.  Said  board  of  commissioners 
shall  also  determine  the  powers  and  duties  to  be  performed  by  said 
superintendents  of  departments  and  of  all  officers  and  employees;  it 
may  assign  any  particular  member,  officer  and  employee  to  one  or 
more  of  the  departments,  it  may  require  a  member,  officer  or  employee 
to  perform  duties  in  two  or  more  departments,  and  may  make  such 
other  rules  and  regulations  as  may  be  necessary  or  proper  for  the 
efficient  and  economical  conduct  of  the  business  of  the  city. 

When  Ordinances  Take  Effect.  Publication.  Proof.  All  ordinances, 
before  taking  effect,  shall  be  deposited  in  the  office  of  the  city  recorder 
and  published  at  least  once  in  some  newspaper  published  within  the 
city,  or  if  there  is  no  newspaper  published  in  the  city,  then  by  posting 
in  three  public  places  therein,  and  shall  go  into  effect  on  the  twentieth 
day  after  its  publication,  unless  provided  in  the  ordinance  that  it  shall 
take  effect  at  an  earlier  or  a  later  date;  provided,  that  whenever  a 
revision  is  made  and  the  revised  ordinances  are  published  by  authority 
of  the  board  of  commissioners  or  city  council,  no  further  publication  shall 
be  deemed  necessary.  The  city  recorder  shall  record  all  ordinances  in 
a  book  kept  for  that  purpose,  together  with  the  affidavits  of  publication 
by  the  publisher,  or  his  agent,  or  if  posted,  with  the  certificates  of  the 
due  posting  thereof ;  and  said  book,  or  a  certified  copy  of  the  ordinances, 
under  the  seal  of  the  city,  shall  be  received  as  evidence  in  all  courts  and 
places  without  further  proof,  or  if  printed  in  book  or  pamphlet  form 
by  authority  of  the  board  of  commissioners  or  city  council,  they  shall  be 
so  received;  provided,  that  in  cities  of  the  third  class  the  city  council 
may,  at  its  option,  order  that  a  certified  copy  of  any  ordinance  be  posted 
in  three  public  places  within  the  city,  and  thereafter  no  further  publica¬ 
tion  shall  be  deemed  necessary. 

Certain  City  Officers  to  Be  Elected.  Appointive  Officers.  In  all  cities 
of  the  State,  except  cities  of  the  first  and  second  class,  there  shall  be 
elected  in  addition  to  the  mayor  and  city  councilmen,  a  city  recorder, 
a  city  treasurer;  provided,  that  in  cities  of  the  third  class,  the  city  re¬ 
corder  shall  be  ex  officio  city  auditor  and  shall  perform  the  duties  of 
such  office  without  extra  compensation  therefor;  provided  further,  in 
cities  of  the  third  class  a  city  marshal  and  a  city  justice  of  the  peace 
shall  be  appointed  by  the  mayor  subject  to  the  confirmation  of  the  city 


4 


council  on  or  before  the  first  Monday  of  February  following  a  municipal 
election,  whose  term  of  office  shall  be  for  two  years  or  until  removed 
for  cause;  provided  further,  that  in  cities  having  a  population  of  over 
15,000  the  office  of  city  justice  of  the  peace  is  hereby  abolished  and 
no  election  for  said  office  shall  be  held.  In  all  cities  of  the  first  class 
in  this  State  there  shall  be  elected  at  large  a  mayor  and  four  commis¬ 
sioners,  who  shall  constitute  the  board  of  commissioners  of  the  city 
for  which  they  are  elected,  and  there  shall  also  be  elected  a  city  auditor. 
In  all  cities  of  the  second  class  in  this  State  there  shall  be  elected  at 
large  a  mayor  and  two  commissioners,  who  shall  constitute  the  board 
of  commissioners  of  the  city  for  which  they  are  elected,  and  there  shall 
also  be  elected  a  city  auditor.  In  cities  of  the  first  and  second  class,  the 
office  of  mayor  and  city  councilman  as  now  provided  by  law  are  hereby 
abolished,  and  no  election  shall  be  held  for  said  offices,  nor  shall  any 
election  be  held  for  the  office  of  city  recorder,  city  treasurer,  or  city 
attorney,  and  the  terms  of  said  respective  officers  in  said  cities  of  the 
first  and  second  class  shall  terminate  and  cease  on  the  first  Monday  in 
January,  1912,  at  12  o’clock  meridian.  All  elective  officers  shall  hold 
their  respective  offices  for  the  term  for  which  they  are  elected,  and 
until  their  successors  are  elected  and  qualified.  Every  elective  officer  of 
cities  of  the  first  and  second  class  shall,  within  thirty  days  after  quali¬ 
fying,  file  with  the  city  recorder  and  publish  at  least  once  in  a  daily 
newspaper  of  general  circulation  within  the  city,  the  sworn  statement 
of  all  his  election  and  campaign  expenses,  and  by  whom  such  funds 
were  contributed.  Upon  failure  so  to  do,  the  office  of  said  officer  shall 
become  vacant,  and  he  shall,  upon  failure  so  to  do,  be  guilty  of  a  mis¬ 
demeanor. 

Appointment  of  City  Officers.  In  cities  of  the  first  and  second  class, 
the  board  of  commissioners  shall  appoint  a  qualified  person  to  each 
of  the  offices  of  city  recorder,  city  treasurer  and  city  attorney,  who 
shall  have  such  powers  and  perform  such  duties  as  are  now  provided 
by  law  for  such  officers,  and  they  may  create  any  other  office  that 
may  be  deemed  necessary  for  the  good  government  of  the  city,  and 
regulate  and  prescribe  the  powers,  duties  and  compensation  of  all  offi¬ 
cers  of  the  city,  except  as  otherwise  provided  by  law.  The  board  of 
commissioners  may  appoint  all  such  officers  and  agents  as  may  be  pro¬ 
vided  for  by  law  or  ordinance  and  fill  all  vacancies  occurring  therein. 
In  cities  of  the  third  class  the  mayor,  by  and  with  the  advice  and  con¬ 
sent  of  the  council,  may  appoint  all  such  officers  and  agents  as  may  be 
provided  for  by  law  or  ordinance,  and  in  like  manner  fill  all  vacancies 
among  the  same,  except  as  otherwise  provided  by  law;  provided,  that 
elective  officers  shall  have  the  sole  right  to  appoint  all  their  deputies 
and  assistants,  who  shall  be  confirmed  by  the  city  council. 

Terms  of  Office.  Except  as  otherwise  provided  by  law,  the  term  of 
office  of  all  appointive  officers  shall  be  until  the  municipal  election 
next  following  their  appointment  and  until  their  successors  are  duly 


5 


appointed  and  qualified,  unless  sooner  removed  by  the  board  of  com¬ 
missioners  of  cities  of  the  first  and  second  class,  or  in  cities  of  the  third 
class  by  the  mayor,  with  the  concurrence  of  a  majority  of  the  members 
of  the  city  council,  or  by  the  city  council  with  the  concurrence  of  the 
mayor. 

Oath.  Bond.  All  officers  of  any  city,  whether  elected  or  appointed, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  the  constitutional  oath  of  office,  and  every  such  officer 
shall,  before  entering  upon  the  duties  of  his  office,  execute  a  bond  with 
good  and  sufficient  sureties  to  be  approved  by  the  mayor,  payable  to 
the  city  in  such  penal  sum  as  may,  by  resolution  or  ordinance,  be  directed, 
conditioned  for  the  faithful  performance  of  the  duties  of  his  office, 
and  the  payment  of  all  moneys  received  by  such  officer  according  to 
the  law  and  the  ordinances  of  said  city;  provided,  that  the  bond  of 
the  mayor  shall  be  approved  by  the  city  council;  provided  further,  that 
the  treasurer’s  bond  shall  be  fixed  at  a  sum  not  less  than  the  amount 
of  the  whole  tax  for  the  current  year;  provided  further,  that  in  cities 
of  the  first  and  second  class  the  mayor  and  each  commissioner  shall 
give  a  penal  bond  with  approved  corporate  surety  in  the  sum  of  $20,000, 
and  the  auditor  in  cities  of  the  first  and  second  class  shall  give  a  penal 
bond  with  approved  corporate  surety  in  the  sum  of  $20,000,  conditioned 
as  above,  to  be  filed  with  the  recorder  and  approved  by  the  board  of 
commissioners  and  that  the  bond  of  all  other  officers  of  cities  of  the 
first  and  second  class  shall  be  filed  with  the  recorder  and  approved 
by  the  board  of  commissioners  of  such  cities.  The  premium  charged 
by  corporate  surety  for  any  official  bond  shall  be  a  legal  charge  against 
the  funds  of  the  city. 

Additional  Bonds.  The  board  of  commissioners  in  cities  of  the  first 
and  second  class  and  the  city  council  in  other  cities  may  at  any  time 
require  further  and  additional  bonds  of  any  or  all  officers  elected  and 
appointed.  All  bonds  given  by  the  officers  of  any  city,  except  as  other¬ 
wise  provided  by  law,  shall  be  filed  with  the  recorder,  except  the  bond 
of  the  recorder,  which  shall  be  filed  with  the  treasurer. 

Officer  Not  to  Be  Interested  in  Contract.  No  officer  of  any  city,  town 
or  municipal  corporation  shall  be  directly  or  indirectly  interested  in  any 
contract,  work  or  business  or  in  the  sale  of  any  article,  the  expense, 
price,  or  consideration  of  which  is  paid  from  the  treasury,  or  by  any 
assessment  levied  by  any  act  or  ordinance,  nor  in  the  purchase  of  any 
real  estate  or  any  other  property  belonging  to  the  corporation  or  which 
shall  be  held  for  taxes,  or  assessments,  or  by  virtue  of  legal  process, 
at  the  suit  of  said  corporation,  mayor,  or  other  officer  of  said  city,  town, 
or  municipal  corporation,  and  no  officer  or  employee  of  any  city,  town, 
or  municipal  corporation  shall  accept  or  receive,  directly  or  indirectly, 
from  any  person,  firm  or  corporation  operating  within  the  territorial 
limits  of  said  city,  any  railroad,  interurban  railroad,  street  railroad, 


6 


gas  works,  water  works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  telephone  exchange  or  other  business  using  or  operat¬ 
ing  under  a  public  franchise,  any  frank,  free  ticket  or  free  service  or 
accept  or  receive  directly  or  indirectly  from  any  such  person,  firm  or 
corporation  any  other  service  upon  terms  more  favorable  than  is  granted 
to  the  public  generally.  Any  violation  of  the  provisions  of  this  section 
shall  be  a  misdemeanor,  and  every  such  contract  or  agreement  shall  be 
void.  Such  prohibition  of  free  transportation  shall  not  apply  to  police¬ 
men  or  firemen  in  uniform,  nor  shall  any  free  service  to  any  city  officers 
or  to  the  municipal  corporations  heretofore  provided  by  any  franchise 
be  affected  by  this  section. 

Salaries.  Each  member  of  the  board  of  commissioners  of  cities  of 
the  first  class  shall  receive  the  sum  of  $3600  per  annum  as  compensation 
for  his  services.  Provided,  that  the  mayor  of  such  cities  shall  receive 
the  sum  of  $4200  per  annum  for  his  services,  and  the  auditor  in  cities 
of  the  first  class  shall  receive  the  sum  of  $2400  per  annum  as  compen¬ 
sation  for  his  services.  Each  member  of  the  board  of  commissioners 
of  cities  of  the  second  class  having  more  than  20,000  inhabitants,  shall 
receive  the  sum  of  $3600  per  annum  as  compensation  for  his  services; 
provided,  that  the  mayor  in  such  cities  shall  receive  a  salary  of  $4200 
per  annum  for  his  services,  and  the  auditor  in  such  cities  of  the  second 
class  shall  receive  the  sum  of  $2400  per  annum  as  compensation  for  his 
services.  Each  member  of  the  board  of  commissioners  of  cities  of  the 
second  class  having  less  than  20,000  inhabitants,  shall  receive  not  less 
than  $500  nor  more  than  $1500  per  annum  as  compensation  for  his 
services;  provided,  that  the  mayor  in  such  cities  shall  receive  a  salary 
of  not  less  than  $600  or  more  than  $2000  per  annum  tor  his  services, 
and  the  auditor  in  such  cities  of  the  second  class  shall  receive  not  less 
than  $300  nor  more  than  $1200  per  annum  as  compensation  for  his 
services.  All  other  officers  of  cities  of  the  first  and  second  class  and 
all  officers  of  other  cities  shall  receive  such  compensation  as  may  be 
fixed  by  ordinance;  but  the  compensation  of  any  of  such  elective  officers 
shall  not  be  increased  or  diminished  to  take  effect  during  the  time  for 
which  any  such  officer  was  elected.  The  compensation  of  all  city  officers 
shall  be  paid  monthly  out  of  the  city  treasury.  The  city  council  of 
the  several  cities  of  the  second  class  having  less  than  20,000  inhabi¬ 
tants  shall,  at  least  fifteen  days  before  the  primary,  fix  by  ordinance, 
within  the  limits  above  provided,  the  salaries  of  the  elective  officers 
to  be  elected  at  the  next  municipal  election  in  said  cities  and  biennially 
thereafter;  the  board  of  commissioners  for  said  cities  shall  by  ordinance 
fix  the  salaries,  within  said  limits,  of  the  elective  officers  to  be  elected 
at  the  next  municipal  election. 

Board  of  Equalization.  Whenever  the  city  shall  levy  any  tax  under 
the  provisions  of  this  chapter  in  cities  other  than  cities  of  the  first 
and  second  class,  the  city  council  shall  appoint  a  board  of  equalization 
and  review,  to  consist  of  five  of  its  members.  In  cities  of  the  first 


7 


and  second  class,  the  board  of  commissioners  shall  constitute  a  board 
of  equalization  and  review,  which  said  board  shall,  upon  the  com¬ 
pletion  of  the  lists  of  property  in  any  of  the  districts  taxed,  give  public 
notice  of  the  completion  of  said  lists.  Such  notice  shall  state  the  time 
and  place  of  meeting  of  said  board  and  the  same  shall  be  during  the 
usual  business  hours  and  for  not  less  than  five  consecutive  days,  and 
during  the  time  specified  said  lists  shall  be  open  to  public  inspection, 
and  any  person  feeling  aggrieved  shall  have  a  hearing  and  it  shall  have 
authority  to  make  corrections  of  any  tax  deemed  unequal  or  unjust. 

Date  of  Municipal  Elections.  Terms  of  Office.  On  the  Tuesday  next 
following  the  first  Monday  in  November,  1911,  and  biennially  there¬ 
after,  there  shall  be  held  in  each  incorporated  city  and  town  of  this 
state  an  election  to  fill  all  elective  offices  in  said  city  and  town,  and 
the  officers  then  elected  shall  qualify  and  enter  upon  their  duties  at 
twelve  o’clock  meridian  on  the  first  Monday  in  January  next  succeed¬ 
ing  their  election,  and  continue  in  office  for  two  years,  unless  other¬ 
wise  provided,  until  their  successors  are  elected  and  qualified.  The 
term  of  office  of  all  the  present  elective  officers  in  cities  of  the  first  and 
second  class  shall  expire  at  twelve  o’clock  meridian  on  the  first  Monday 
in  January,  1912,  provided  that  in  cities  of  the  first  class,  the  election 
and  term  of  office  of  the  officers  shall  be  as  follows:  In  the  year  1911 
there  shall  be  elected  at  large  in  said  cities  of  the  first  class  a  mayor 
and  four  commissioners,  to  constitute  the  bord  of  commissioners,  and 
an  auditor.  The  mayor  and  two  commissioners  shall  be  elected  for  a 
term  of  four  years,  and  two  of  said  commissioners  and  the  auditor  shall 
be  elected  for  a  term  of  two  years,  and  biennially  thereafter  there  shall 
be  elected  an  auditor  for  a  term  of  two  years  and  two  commissioners  for 
a  term  of  four  years  each,  and  quadrennially  thereafter  there  shall  be 
elected  a  mayor  for  a  term  of  four  years.  The  auditor  shall  be  elected 
for  a  term  of  two  years.  Provided,  that  in  cities  of  the  second  class  the 
election  and  term  of  office  of  the  officers  shall  be  as  follows:  In  the 
year  1911  there  shall  be  elected  at  large  in  cities  of  the  second  class  a 
mayor  and  two  commissioners,  to  constitute  the  board  of  commissioners, 
and  an  auditor.  The  mayor  and  one  commissioner  shall  be  elected  for 
a  term  of  two  years,  and  one  of  said  commissioners  shall  be  elected  for 
a  term  of  four  years,  and  biennially  thereafter  shall  be  elected  a  mayor, 
and  auditor  and  one  commissioner,  the  mayor  for  the  term  of  two 
years,  such  commissioner  for  a  term  of  four  years  and  such  auditor 
for  a  term  of  two  years.  The  officers  elected  shall  enter  upon  their 
duties  at  twelve  o’clock  meridian  on  the  first  Monday  in  January  next 
succeeding  their  election.  In  cities  of  the  third  class  there  shall  be 
elected  in  the  year  1913  five  councilmen  at  large,  four  of  whom  shall 
be  for  a  term  of  two  years  and  one  for  a  term  of  four  years,  and 
biennially  thereafter  there  shall  be  elected  three  for  a  term  of  two  years 
and  one  for  a  term  of  four  years.  The  municipal  officers  herein  pro¬ 
vided  shall  continue  in  office  for  the  respective  terms  to  which  they  are 
elected,  as  provided  in  this  act  and  until  their  successors  shall  be  elected 
and  qualified.  8 


MUNICIPAL  ELECTIONS. 


Duty  of  Registry  Agent.  It  shall  be  the  duty  of  the  registry  agents 
appointed  as  herein  provided  for  the  election  districts  within  the  several 
incorporated  cities  and  towns,  at  any  time  when  called  upon  to  do  so  at 
their  respective  offices,  and  not  elsewhere,  between  the  hours  of  eight 
o’clock  a.  m.  and  nine  o’clock  p.  m.  of  the  first  and  third  Tuesdays, 
and  also  in  cities  of  the  first  and  second  class,  the  fourth  Tuesday, 
prior  to  the  municipal  or  town  election,  to  receive  and  register  the  names 
of  all  persons  applying  for  registration  who  are  legally  qualified  and 
entitled  to  vote  at  such  election,  or  who  will  legally  have  acquired  a 
residence  (being  otherwise  qualified)  and  who  have  a  right  to  vote  at 
such  ensuing  election  according  to  the  provisions  of  law  under  which 
such  election  may  be  held  in  each  election  district.  The  expense  of  such 
registration  shall  be  paid  by  the  city  or  town  from  which  the  same  is 
made. 

Official  Registry.  Before  the  day  on  which  any  special  election  is 
appointed  to  be  held,  and  in  cities  of  the  first  and  second  class,  before 
the  day  on  which  any  primary  election  is  appointed  to  be  held,  the 
registry  agent  must  furnish  one  of  the  judges  in  his  election  district, 
at  a  time  not  later  than  one  day  next  preceding  the  day  on  which  the 
election  is  to  be  held,  a  copy  of  the  official  registry  for  his  district,  but 
no  copies  need  be  posted. 

Person  Must  Register  to  Vote.  No  person  shall  hereafter  be  per¬ 
mitted  to  vote  at  any  general,  special,  municipal,  school  election  or  at 
any  primary  election  for  the  nomination  of  officers  to  be  voted  for  at 
municipal  elections  in  cities  of  the  first  and  second  class,  without  having 
first  been  registered  within  the  time  and  in  the  manner  and  form 
required  by  the  provisions  of  this  chapter. 

Primary  Elections.  Political  parties,  organizations,  or  associations  in 
this  State  may  appoint  presiding  officers  and  judges  of  election  at  any 
primary  election  that  they  may  deem  just  and  proper.  In  all  cities  of 
the  first  and  second  class  the  polls  at  such  primary  election  shall  be 
open  at  four  o’clock  in  the  afternoon  and  close  at  nine  o’clock  in  the 
afternoon  of  the  same  day  on  which  such  election  is  held;  provided, 
however,  that  the  foregoing  provisions  shall  not  apply  to  primary 
elections  for  the  nomination  of  officers  provided  by  law  to  be  elected 
in  cities  of  the  first  and  second  class.  In  cities  of  the  first  and  second 
class  primary  elections  for  the  nomination  of  officers  shall  be  con¬ 
ducted  as  provided  in  Section  2  of  this  act. 

Who  Entitled  to  Vote.  No  person  shall  be  entitled  to  vote  at  any 
primary  election  unless  of  the  age  of  twenty-one  years,  and  a  duly 
qualified  voter  under  the  laws  of  this  State,  or  shall  have  been  a  duly 
qualified  voter  at  the  next  ensuing  State,  city,  or  school  election  for 
which  such  primary  is  being  held  under  the  prescribed  rules  and  regu- 


9 


lations  of  the  political  party,  or  organization,  or  association  so  holding 
the  primary  election,  provided,  that  in  the  selections  of  candidates  to 
be  voted  for  at  elections  for  municipal  offices,  in  cities  of  the  first  and 
second  class,  all  persons  entitled  to  vote  at  the  ensuing  city  election 
shall  be  entitled  to  participate  in  such  primary. 

Nominations.  Any  convention  of  delegates  of  a  political  party  which 
presented  candidates  at  the  last  preceding  election  held  for  the  purpose 
of  making  nominations  for  public  office,  and  also  voters  to  the  number 
and  in  the  manner  specified  in  Section  825,  may  nominate  candidates 
for  public  offices  to  be  filled  by  election  within  this  State.  A  conven¬ 
tion  within  the  meaning  of  this  chapter  is  an  organized  assemblage  of 
voters  or  delegates  representing  a  political  party  which  at  the  election 
before  the  holding  of  such  convention  polled  at  least  two  per  cent, 
of  the  entire  vote  cast  in  the  State,  county,  or  other  political  division 
or  district  for  which  the  nomination  may  be  made.  A  committee 
appointed  by  any  such  convention  may  also  make  nominations  to  public 
office  or  fill  any  vacancies  in  the  nominations  made  by  the  convention 
when  authorized  to  do  so  by  resolution  duly  passed  by  the  convention 
at  which  the  such  committee  was  appointed.  Provided,  that  nothing  in 
this  section  or  chapter  contained  shall  be  construed  so  as  to  authorize 
any  number  of  voters,  convention,  or  committee  of  any  political  party 
to  nominate  more  than  one  group  of  candidates  or  have  placed  on  the 
official  ballot  more  than  one  group  of  candidates  or  more  than  one  ticket, 
by  adopting  any  name,  emblem  or  device,  other  than  the  regular  name, 
emblem,  and  device  of  the  political  party  represented  by  the  voters, 
committee  or  convention  making  such  nomination;  provided  further,  that 
any  voters,  convention  or  committee  of  any  political  party  may  nomi¬ 
nate  any  one  or  more  person  or  persons  who  may  have  been  nominated 
by  any  other  voters,  convention  or  committee,  but  in  making  such  nomi¬ 
nation,  the  name  of  such  nominee  shall  be  placed  upon  the  regular 
ticket  of  the  political  party  represented  by  the  voters,  convention  or 
committee  making  such  nomination,  and  no  political  party  shall  be 
permitted  to  have  placed  upon  the  official  ballot,  either  directly  or 
indirectly,  more  than  one  ticket  or  more  than  one  group  of  candidates 
or  to  group  the  same  persons  on  different  tickets  by  the  same  party 
under  a  different  name  or  emblem. 

In  cities  of  the  first  and  second  class  all  candidates  for  municipal 
offices  shall  be  nominated  as  provided  by  Section  2  of  this  act.  (Primary 
elections.) 

Nomination  Certificates.  Candidates  for  public  office,  except  candi¬ 
dates  for  municipal  offices  in  cities  of  the  first  and  second  class,  may 
be  nominated  otherwise  than  by  convention  or  committee  in  the  manner 
following:  A  certificate  of  nomination  containing  the  names  of  candi¬ 
dates  for  the  offices  to  be  filled  with  such  information  as  is  required 
to  be  given  in  the  certificates  as  hereinbefore  provided  for  in  other  cases, 
except  that  such  certificates  shall  designate  in  not  more  than  five  words, 


10 


instead  of  a  party,  the  political  or  other  name  which  the  signers  shall 
select,  shall  be  signed  by  voters  residing  within  the  district  or  political 
division  and  for  which  the  officer  or  officers  are  to  be  elected,  to  the 
number  of  at  least  five  hundred,  when  the  nomination  is  for  an  office 
to  be  filled  by  the  voters  of  the  entire  State;  of  at  least  one  hundred, 
when  the  nominations  for  an  office  to  be  filled  by  the  voters  of  the 
district  less  than  the  State  and  greater  than  a  county,  or  by  the  voters 
of  a  county;  and  of  at  least  fifty,  when  the  nomination  is  for  an  office 
to  be  filled  by  all  the  voters  of  a  precinct,  town,  city,  or  other  divisions, 
less  than  a  county.  The  signatures  to  a  certificate  of  nomination  need 
not  all  be  appended  to  one  paper.  The  certificate  may  designate  or 
appoint  upon  the  face  thereof  one  or  more  persons,  who,  for  the  pur¬ 
poses  set  forth  in  Sections  833  and  834,  shall  represent  the  signers  of 
said  certificate.  Each  voter  signing  a  certificate  shall  add  to  his  signa¬ 
ture,  his  place  of  residence,  and  shall,  before  an  officer  duly  authorized 
to  take  acknowledgments,  acknowledge  his  signature  and  take  oath  that 
he  is  a  voter  within  and  for  the  political  division  for  which  said  nomi¬ 
nation  is  made,  and  has  truly  stated  his  residence.  Such  certificate 
shall  also  contain  a  statement  by  the  voter  that  the  name  or  names  of 
the  person  or  persons  nominated  in  the  certificate  will  not  be  printed 
upon  the  official  ballot,  or  upon  any  party  ticket  as  the  nominees  of 
any  political  party  or  voters  and  that  the  name  or  names  of  the  per¬ 
sons  nominated  in  the  certificate  will  not  be  printed  upon  the  official 
ballot  under  the  name  or  device  adopted  in  the  certificate.  It  is  hereby 
made  the  duty  of  the  officers  making  up  the  official  ballot  to  erase 
from  the  certificate  any  name  or  names  of  nominees  contained  in  such 
certificate  that  will  otherwise  appear  printed  upon  the  official  ballot 
as  the  party  ticket.  Such  certificate,  when  executed  and  acknowledged 
as  above  prescribed,  may  be  filed  as  provided  for  in  Section  824,  in 
the  same  manner  and  with  the  same  effect  as  a  certificate  of  nomina¬ 
tion  made  by  a  convention  or  committee  as  provided  for  in  Section  822; 
provided,  however,  that  in  cities  of  the  first  and  second  class  all  can¬ 
didates  for  municipal  offices  shall  be  nominated  as  provided  in  Section 
2  of  this  act. 

List  to  Be  Published  or  Posted.  Before  an  election  to  fill  any  public 
office,  the  county  clerk  of  each  county,  or  recorder  of  each  city,  or  town 
clerk  of  each  town,  shall  publish  in  at  least  one  and  not  more  than  two 
newspapers  published  within  the  county,  city,  or  town,  as  the  case  may 
be,  or  post  notices  in  at  least  three  conspicuous  places  in  each  precinct 
where  such  election  is  to  be  held,  a  list  of  all  the  nominations  to  offices 
certified  to  him  under  the  provisions  of  this  chapter;  provided,  how¬ 
ever,  that  in  cities  of  the  first  and  second  class  publication  of  nomina¬ 
tion  of  candidates  shall  be  made  as  provided  in  Section  2  of  this  act. 
Such  publication  shall  be  made  three  times,  except  as  otherwise  provided 
in  this  section,  the  first  publication  to  be  not  less  than  six  days  nor 
more  than  ten  days  prior  to  the  day  ol  election,  and  shall  contain  the 
name  and  the  party  or  other  designation  of  each  candidate,  and  shall 


ll 


be,  as  far  as  possible,  in  the  form  of  the  official  ballots.  In  the  case 
of  municipal  elections,  such  publication  of  the  names  of  candidates  for 
municipal  offices  shall  be  made  in  newspapers  which  are  published 
in  the  municipality  where  the  election  is  to  be  held.  One  of  such  pub¬ 
lications  shall  be  made  in  the  newspapers  which  advocate  the  princi¬ 
ples  of  the  political  party  that  at  the  last  preceding  State  election  cast 
the  largest  number  of  votes  and  another  of  such  publications,  if  more 
than  one  is  to  be  made,  shall  be  in  the  newspaper  which  advocates  the 
principles  of  the  political  party  which  at  the  last  preceding  State  elec¬ 
tion  cast  the  next  largest  number  of  votes.  The  clerk  or  recorder,  in 
selecting  the  respective  papers  for  such  publication,  shall  select  those 
which,  according  to  the  best  information  he  can  obtain,  have  the  largest 
circulation  within  the  county.  If  there  be  no  daily  newspaper  pub¬ 
lished  within  the  county,  city,  or  town,  as  the  case  may  be,  one  publi¬ 
cation  in  each  newspaper  shall  be  sufficient.  Should  the  clerk  or 
recorder  find  it  impracticable  to  make  the  publication  six  days  before 
the  election  day,  in  counties  where  no  daily  newspaper  is  printed,  he 
shall  make  the  same  at  the  earliest  possible  day  thereafter.  One  of  the 
publications  in  any  newspaper  shall  be  in  the  last  issue  thereof  before 
the  day  of  election.  In  counties,  cities,  or  towns  where  it  is  impracti¬ 
cable  to  make  publication  in  newspapers  advocating  opposite  political 
principles,  publication  shall  be  made  in  the  newspapers  having  the  largest 
circulation.  In  counties,  cities,  or  towns  where  there  are  no  newspapers 
published,  the  clerk  or  recorder  shall  post  double  the  number  of  printed 
lists,  and  such  additional  lists  shall  be  posted  in  other  conspicuous  places 
in  different  portions  of  the  county,  city  or  town,  as  the  case  may  be. 

Copies  of  Nomination  Lists  to  Registry  Agents.  Posting  Same.  The 
county  clerk  of  each  county  and  the  city  recorder  of  each  city,  and  the 
town  clerk  of  each  town,  shall,  at  least  six  days  before  election  day, 
send  to  the  registry  agent  in  each  election  district  in  such  county,  city, 
or  town,  at  least  five  or  not  more  than  ten  copies,  for  each  election  dis¬ 
trict,  of  printed  lists  containing  the  name  and  party  or  other  designa¬ 
tion  of  each  candidate  nominated,  as  hereinbefore  provided,  to  be  voted 
for  by  the  voters  of  the  respective  counties,  cities,  or  towns.  Such  lists 
shall,  at  least  three  days  before  the  day  of  election  be  conspicuously 
posted  by  such  registry  agents  in  one  or  more  public  places  in  each 
election  district  of  the  county,  city  or  town,  one  or  more  of  which  shall 
be  duly  posted  where  such  election  is  to  be  held;  provided,  that  in  elec¬ 
tions  for  municipal  offices  in  cities  of  the  first  and  second  class  the 
printed  lists  containing  the  names  of  candidates  shall  be  arranged  as 
provided  in  Section  2  of  this  act.  (Primary  Elections.) 

Vacancies.  Should  any  person  so  nominated  resign  or  decline  the 
nomination,  as  in  this  chapter  provided,  or  die  before  election  day,  or 
should  any  certificate  of  nomination  be  insufficient  or  inoperative, 
because  of  failure  to  remedy  or  cure  the  same,  the  vacancy  or  vacancies 
thus  occasioned  may  be  filled  in  the  same  manner  required  in  the 


12 


original  nomination.  If  the  original  nomination  was  made  for  a  party 
convention  which  had  delegated  to  a  committee  the  power  to  fill  vacan¬ 
cies,  such  committee  may,  upon  the  occurring  of  such  vacancies,  pro¬ 
ceed  to  fill  the  same.  The  chairman  and  secretary  of  such  committee 
shall  thereupon  make  and  file  with  the  proper  officer  a  certificate, 
setting  forth  the  cause  of  the  vacancy,  the  name  of  the  person  nomi¬ 
nated,  the  office  for  which  he  was  nominated,  the  name  of  the  person 
for  whom  the  new  nominee  is  to  be  substituted,  the  fact  that  the  com¬ 
mittee  was  authorized  to  fill  vacancies,  and  such  further  information 
as  is  required  to  be  given  in  an  original  certificate  of  nomination.  The 
certificate  so  made  shall  be  executed  and  sworn  to  in  the  manner  pre¬ 
scribed  for  the  original  certificate  of  nomination,  and  shall,  upon  being 
filed  at  least  eight  days  before  the  election,  have  the  same  force  and 
effect  as  an  original  certificate  of  nomination.  When  such  certificate 
shall  be  filed  with  the  secretary  of  state,  he  shall,  in  certifying  the  nomi¬ 
nations  to  the  various  county  clerks,  insert  the  name  of  the  person  who 
has  been  nominated  to  fill  the  vacancy  in  place  of  the  original  nominee, 
and  in  the  event  that  he  has  already  sent  forward  his  certificate,  he 
shall  forthwith  certify  to  the  county  clerks  of  the  proper  counties  the 
name  and  description  of  the  person  so  nominated  to  fill  the  vacancy, 
the  office  he  is  nominated  for,  together  with  the  other  details  mentioned 
in  the  certificate  of  nominations  so  filed  with  the  secretary  of  state,  and 
the  name  of  the  person  for  whom  such  nominee  is  substituted.  The 
chairman  and  secretary  of  such  committee  may  in  like  manner  make 
and  file  with  the  proper  officer  a  certificate,  setting  forth  the  occurrence 
of  a  vacancy  by  death,  resignation,  or  otherwise,  and  the  further  fact 
that  it  is  not  the  intention  of  such  committee  to  fill  such  vacancy.  When 
such  certificate  shall  be  filed  with  the  secretary  of  state,  he  shall  certify 
such  vacancy  to  the  several  county  clerks  forthwith.  The  secretary  of 
state  shall  not  be  required  to  make  any  certificate  of  new  nominations 
or  vacancies  after  eight  days  before  election  day,  exclusive  of  election 
day;  provided,  however,  that  in  cities  of  the  first  and  second  class, 
should  any  candidate  for  auditor,  mayor  or  commissioner,  resign,  or 
decline  the  nomination,  or  die  before  election  day,  or  for  any  other 
reason  should  such  nomination  become  vacant,  void  or  inoperative,  then 
and  in  that  event  the  candidate  receiving  the  next  highest  number  of 
votes  at  the  primary  election  held  for  the  nomination  of  such  candidate 
as  in  this  act  provided,  shall  be  the  candidate  to  fill  such  vacancy. 

Offering  or  Giving  Bribe.  It  shall  be  unlawful  for  any  person,  directly 
or  indirectly,  by  himself  or  through  any  other  person : 

1.  To  pay,  loan,  or  contribute,  or  offer  or  promise  to  pay,  loan 
or  contribute  any  money  or  other  valuable  consideration  to  or  for  any 
voter,  or  to  or  for  any  other  person  to  induce  such  voter  to  vote  or 
refrain  from  voting  at  any  election  provided  by  law,  or  to  induce  any 
voter  to  vote  or  refrain  from  voting  at  such  election  for  any  particular 
person  or  persons,  or  to  induce  such  voter  to  go  to  the  polls  or  remain 


13 


away  from  the  polls  at  such  election,  or  on  account  of  such  voter  having 
voted  or  refrained  from  voting  for  any  particular  person,  or  having 
gone  to  the  polls  or  remained  away  from  the  polls  at  such  election. 

2.  To  give,  offer,  or  promise  any  office,  place  or  employment, 
or  to  promise  or  procure,  or  endeavor  to  procure  any  office,  place,  or 
employment,  to  or  for  any  voter,  or  to  or  for  any  other  person,  in  order 
to  induce  such  voter  to  vote  or  refrain  from  voting  at  any  election  pro¬ 
vided  by  law,  or  to  induce  any  voter  to  vote  or  refrain  from  voting  at 
such  election  for  any  particular  person  or  persons,  or  to  obtain  the 
political  support  or  aid  of  any  such  person  or  persons. 

3.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other 
valuable  thing  to  or  for  the  use  of  any  other  person,  with  the  intent 
that  the  same,  or  any  part  thereof,  shall  be  used  in  bribery  at  any  elec¬ 
tion  provided  by  law,  or  to  knowingly  pay  or  cause  to  be  paid  any  money 
or  other  valuable  thing  to  any  persons  in  discharge  or  repayment  of 
any  money,  wholly  or  in  part  expended  in  bribery  at  any  such  election. 

Chapter  Applicable  to  All  Elections.  The  provisions  of  this  chapter 
shall  extend,  as  far  as  applicable,  to  all  elections  provided  by  law, 
special,  general,  municipal,  school  and  primary  elections  in  cities  of 
the  first  and  second  class. 

Sec.  2.  Primary  Elections.  Candidates  to  be  voted  for  at  all  gen¬ 
eral  municipal  elections  in  cities  of  the  first  and  second  class,  under 
the  provisions  of  this  act,  shall  be  nominated  by  a  primary  election, 
and  no  other  name  shall  be  placed  upon  the  general  ballot  except  those 
selected  in  the  manner  hereinafter  prescribed.  The  primary  election 
for  such  nomination  shall  be  held  on  the  second  Tuesday  preceding  the 
general  municipal  election.  The  judges  of  election  appointed  for  the 
general  municipal  election  shall  be  the  judges  of  the  primary  election, 
and  it  shall  be  held  at  the  same  place,  so  far  as  possible,  and  the  polls 
shall  be  opened  and  closed  at  the  same  hours. 

Any  person  desiring  to  become  a  candidate  for  mayor  or  commis¬ 
sioner  or  auditor  shall,  at  least  ten  days  prior  to  said  primary  election 
file  with  the  said  recorder  a  statement  of  such  candidacy,  in  substan¬ 
tially  the  following  form: 

State  of  Utah . County,  ss. 

I,  . .  being  first  duly  sworn,  say 

that  I  reside  at . street,  city  of . 

County  of . State  of  Utah;  that  I  am  a  qualified 

voter  therein;  that  I  am  a  candidate  for  nomination  to  the  office  of 

.  (stating  the  term)  to  be  voted  upon  at  the  primary 

election  to  be  held  on  Tuesday,  the . day  of  October,  19 .... ,  and  I 

hereby  request  that  my  name  be  printed  upon  the  official  primary  ballot 
for  nomination  by  such  primary  election  for  such  office. 

(Signed) . 


14 


,19.... 


Subscribed  and  sworn  to  (or  affirmed)  before  me  by 

. on  this . day  of . 

(Signed) . 

(Official  character  of  officer  taking  the  oath.) 

And  shall  at  the  same  time  file  therewith  the  petition  of  at  least 
one  hundred  qualified  voters  requesting  such  candidacy.  Each  petition 
shall  be  verified  by  one  or  more  persons  as  to  the  qualifications  and 
residence,  with  street  number,  of  each  of  the  persons  so  signing  the  said 
petition,  and  the  said  petition  shall  be  in  substantially  the  following  form : 

PETITION  ACCOMPANYING  NOMINATING  STATEMENT. 

The  undersigned,  duly  qualified  electors  of  the  city  of . 

. and  residing  at  the  places  set  opposite 

our  respective  names  hereto,  do  hereby  request  that  the  name  of  (name 
of  candidate)  be  placed  on  the  ballot  as  a  candidate  for  nomination  for 
(name  of  office  and  term),  at  the  primary  election  to  be  held  in  such 

city  on  Tuesday,  the . day  of  October,  19 .  We 

further  state  that  we  know  him  to  be  a  qualified  elector  of  said  city  and 
a  man  of  good  moral  character,  and  qualified,  in  our  judgment,  for  the 
duties  of  such  office. 

Names  of  qualified  electors.  Number.  Streets. 


Immediately  upon  the  expiration  of  the  time  of  filing  the  statements 
and  petitions  of  candidates,  the  said  city  recorder  shall  cause  to  be  pub¬ 
lished  for  three  successive  days  in  all  the  daily  newspapers  published 
in  the  city,  in  proper  form,  the  names  of  the  persons  as  they  are  to 
appear  upon  the  primary  ballot,  and  if  there  be  no  daily  newspaper, 
then  in  two  issues  of  any  other  newspapers  that  may  be  published  in 
said  city;  and  the  said  recorder  shall  thereupon  cause  the  primary  bal¬ 
lots  to  be  printed,  authenticated  with  a  fac  simile  of  his  signature.  Upon 
the  said  ballot  the  names  of  the  candidates  for  mayor,  arranged  alpha¬ 
betically,  shall  first  be  placed,  with  a  square  at  the  left  of  each  name, 
and  immediately  below  the  words,  “Vote  for  one.”  Following  these 
names,  likewise  arranged  in  alphabetical  order,  shall  appear  the  names 
of  the  candidates  for  commissioner  for  the  two  years  term  with  a  square 
at  the  left  of  each  name,  and  below  the  names  of  such  candidates  shall 

appear  the  words  (Vote  for . stating  the  number  as  the 

case  may  be).  Following  these  names,  likewise  arranged  in  alphabetical 
order,  shall  appear  the  names  of  the  candidates  for  commissioner  for 
the  four  year  term,  with  a  square  at  the  left  of  each  name  and  below  the 

names  of  such  candidates  shall  appear  the  words  (Vote  for.  . .  .■ . 

stating  the  numbers  as  the  case  may  be).  Following  these  names,  like¬ 
wise  arranged  in  alphabetical  order  shall  appear  the  names  of  the  can¬ 
didates  for  auditor,  with  a  square  at  the  left  of  each  name,  and  below 


IS 


the  names  of  such  candidates  shall  appear  the  words,  “Vote  for  one.” 
The  ballots  shall  be  printed  upon  plain,  substantial  white  paper,  and 
shall  be  headed: 

CANDIDATES  FOR  NOMINATION  FOR  (state  the  office  to  be 
filled)  OF . CITY,  AT  THE  PRIMARY  ELECTION 


But  shall  have  no  party  designation  or  mark  whatever. 

The  ballots  shall  be  in  substantially  the  following  form;  the  neces¬ 
sary  changes  to  be  made  to  conform  to  offices  and  terms  to  be  filled. 

(Place  a  cross  in  the  square,  preceding  the  names  of  the  persons 
you  favor  as  candidates  for  the  respective  positions.) 

OFFICIAL  PRIMARY  BALLOT. 

CANDIDATES  FOR  NOMINATION  FOR  (state  the  offices  to 
be  filled)  OF . CITY,  AT  THE  PRIMARY  ELECTION. 

For  Mayor 

(Names  of  Candidates) 

(Vote  for  one) 

For  Commissioner  for  the  two  year  terms 
(Names  of  Candidates) 

(Vote  for . state  the  number  to  be  elected  at  the  muni¬ 

cipal  election.) 

For  Commissioner  for  the  four  year  term.  Names  of  candidates. 

(Vote  for . state  the  number  to  be  elected  at  the  municipal 

election.) 

For  Auditor. 

(Names  of  candidates) 

(Vote  for  one) 

Official  ballot  attest: 

(Signature) 


City  Recorder. 

Having  caused  such  ballots  to  be  printed,  the  said  city  recorder 
shall  cause  to  be  delivered  at  each  polling  place,  a  number  of  said  ballots, 
equal  to  twice  the  number  of  votes  cast  in  such  voting  district  at  the 
last  general  municipal  election  for  mayor.  The  persons  who  are  quali¬ 
fied  to  vote  at  the  general  municipal  election  and  who  at  the  time  of 
such  primary  election  are  registered,  shall  be  qualified  to  vote  at  such 
primary  election,  and  challenges  can  be  made  by  not  more  than  two 
such  persons,  to  be  appointed  at  the  time  of  opening  the  polls  by  the 
judges  of  election;  and  the  law  applicable  to  challenges  at  a  general 
municipal  election  shall  be  applicable  to  challenges  made  at  such  pri¬ 
mary  election.  Judges  of  election  shall  immediately,  upon  the  closing 
of  the  polls,  count  the  ballots  and  ascertain  the  number  of  votes  cast 
in  such  district  for  each  of  the  candidates,  and  make  return  thereof  to 


16 


the  city  recorder  within  twenty  hours  of  the  closing  of  the  polls,  upon 
proper  blanks  to  be  furnished  by  the  said  recorder.  On  the  day  following 
the  said  primary  election,  the  said  city  recorder  shall  canvass  said 
returns  so  received  from  all  the  polling  districts,  and  shall  make  and 
publish  in  all  the  daily  newspapers  of  said  city  at  least  once,  the  result 
thereof.  Said  canvass  by  the  city  recorder  shall  be  publicly  made.  The 
two  candidates  receiving  the  highest  number  of  votes  for  mayor  shall 
be  the  candidates  and  the  only  candidates  whose  names  shall  be  placed 
upon  the  ballot  for  mayor  at  the  next  succeeding  general  municipal 
election,  in  cities  of  the  first  class  the  four  candidates  receiving  the 
highest  number  of  votes  for  commissioners,  shall  be  the  candidates,  and 
the  only  candidates  whose  names  shall  be  placed  upon  the  ballot  for 
commissioners  at  such  municipal  election;  providing,  that  at  the  next 
general  municipal  election  held  in  cities  of  the  first  class  after  taking 
effect  of  this  act,  the  four  candidates  receiving  the  highest  number  of 
votes  for  commissioners  for  the  four  year  term  and  the  two  year  term 
respectively  shall  be  the  candidates  and  the  only  candidates  whose  names 
shall  be  placed  upon  the  ballot  for  commissioners  at  said  next  municipal 
election,  and  the  two  candidates  receiving  the  highest  number  of  votes 
for  auditor  shall  be  the  candidates  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballot  for  auditor.  In  cities  of  the 
second  class  the  two  candidates  receiving  the  highest  number  of  votes 
for  mayor  shall  be  the  candidates  and  the  only  candidates  whose  names 
shall  be  placed  upon  the  ballot  for  mayor  at  the  next  succeeding  general 
municipal  election,  and  the  two  candidates  receiving  the  highest  num¬ 
ber  of  votes  for  commissioner  for  the  two  year  term,  and  the  two  can¬ 
didates  receiving  the  highest  number  of  votes  for  commissioner  for  the 
four  year  term,  shall  be  the  candidates  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballot  for  commissioner  at  such  muni¬ 
cipal  election,  and  the  two  candidates  receiving  the  highest  number  of 
votes  for  auditor  shall  be  the  candidates  and  the  only  candidates.  The 
ballot  at  the  municipal  election  shall  be  in  substantially  the  same  form 
as  the  primary  ballot. 

All  electors  of  cities  under  this  act  who,  by  the  laws  governing  cities 
of  the  first  and  second  class,  would  be  entitled  to  vote  for  the  election 
of  officers  at  any  general  municipal  election  in  such  cities,  shall  be 
qualified  to  vote  at  all  elections  under  this  act;  and  the  ballot  at  such 
general  municipal  election,  so  far  as  applicable,  and  in  all  elections 
in  such  city,  the  election  precincts,  voting  places,  method  of  conducting 
election,  canvassing  the  votes,  announcing  the  results,  shall  be  the  same 
as  by  law  provided  for  election  of  officers  in  such  cities,  so  far  as  the 
same  are  applicable  and  not  inconsistent  with  the  provisions  of  this  act. 

Approved  March  20th,  1911. 


17 


POWERS  OF  CITY  COUNCILS. 


General  Powers.  The  city  council  shall  have  the  powers  in  the  fol¬ 
lowing  Sections  enumerated : 

i 

Finances  and  Property.  To  control  the  finances  and  property  of  the 
corporation. 

Appropriations.  Property.  To  appropriate  money  for  corporate  pur¬ 
poses  only,  and  provide  for  payment  of  debts  and  expenses  of  the  cor¬ 
poration;  and  to  purchase,  receive,  hold,  sell,  lease,  convey,  and  dispose 
of  property,  real  and  personal,  for  the  benefit  of  the  city,  both  within  and 
without  its  corporate  boundaries;  to  improve  and  protect  such  property, 
and  to  do  all  other  things  in  relation  thereto  as  natural  persons. 

Taxes.  To  levy  and  collect  taxes  for  general  and  special  purposes 
on  real  and  personal  property  as  provided  by  law. 

Licenses.  To  fix  the  amount,  terms,  and  manner  of  issuing  licenses. 

Public  Buildings.  To  erect  all  needful  buildings  for  the  use  of  the  city. 

Borrow  Money.  To  borrow  money  on  the  credit  of  the  corporation 
for  corporate  purposes,  in  the  manner  and  to  the  extent  allowed  by  the 
constitution  and  the  laws,  and  to  issue  warrants  and  bonds  therefor, 
in  such  amounts  and  forms  and  on  such  conditions  as  the  council  shall 
determine.  The  council  shall  provide  for.  the  payment  of  the  interest 
on  such  bonds  as  the  same  shall  become  due,  and  for  a  sinking  fund 
for  the  payment  of  the  principal  thereof,  within  twenty  years  after 
issuing  the  same. 

Issue  Bonds.  To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds  or  for  the  consolidation  or  refunding  of  the  same. 

Streets.  Sidewalks.  Parks.  To  lay  out,  establish,  open,  alter,  widen, 
extend,  grade,  pave,  or  otherwise  improve  streets,  alleys,  avenues,  side¬ 
walks,  parks,  and  public  grounds;  and  to  vacate  the  same. 

Trees.  To  plant  or  direct  and  regulate  the  planting  of  ornamental 
shade  trees  in  streets,  avenues,  sidewalks,  parks,  and  public  grounds. 

Use  of  Streets  and  Parks.  To  regulate  the  use  of  streets,  alleys, 
avenues,  sidewalks,  crosswalks,  parks,  and  public  grounds. 

Obstructions.  To  prevent  and  remove  obstructions  and  encroach¬ 
ments  upon  the  same. 

Lighting,  Etc.  To  provide  for  the  lighting,  sprinkling,  and  cleans¬ 
ing  of  the  same;  provided,  that  the  city  council  shall  have  the  power 
to  create  sprinkling  districts  and  levy  a  special  tax  therefor  on  the 
property  to  be  benefited  thereby. 


18 


Gas  and  Water  Mains,  Etc.  To  regulate  the  opening  and  use  thereof 
for  the  laying  of  gas  or  water  mains  and  pipes,  and  the  building  and 
repairing  of  sewers,  tunnels,  and  drains. 

Water,  Gas  and  Light  Works.  To  construct  and  maintain  water 
works,  gas  works,  electric  light  works,  telephone  lines,  street  railways, 
or  bath  houses,  or  to  authorize  the  construction  and  maintenance  of 
the  same  by  others,  or  to  purchase  or  lease  any  or  all  of  said  works  from 
any  person  or  corporation. 

Protect  Water  Supply.  To  construct  or  authorize  the  construction 
of  water  works,  without  their  limits;  and  for  the  purpose  of  maintain¬ 
ing  and  protecting  the  same  from  injury  and  the  water  from  pollution, 
their  jurisdiction  shall  extend  over  the  territory  occupied  by  such  works; 
and  over  all  reservoirs,  streams,  canals,  ditches,  pipes,  and  drains 
used  in  and  necessary  for  the  construction,  maintenance,  and  operation 
of  the  same,  and  over  the  stream  or  source  from  which  the  water  is 
taken,  for  ten  miles  above  the  point  from  which  it  is  taken;  and  to 
enact  all  ordinances  and  regulations  necessary  to  carry  the  power  herein 
conferred  into  effect;  provided,  however,  that  each  city  of  the  first 
class  shall  provide  a  highway  in  and  through  its  corporate  limits,  and 
so  far  as  its  jurisdiction  extends,  which  shall  not  be  closed  to  cattle, 
horses,  sheep,  or  hogs,  which  are  being  driven  through  any  such  city 
or  through  any  territory  adjacent  thereto,  over  which  said  city  has 
jurisdiction,  but  the  city  council  of  such  city  may  enact  ordinances  plac¬ 
ing  under  police  regulations  the  manner  of  driving  such  cattle,  sheep, 
horses  and  hogs  through  said  city,  or  any  territory  adjacent  thereto 
over  which  the  said  city  has  jurisdiction. 

Tax  Districts.  To  divide  the  city  into  districts  for  the  purpose  of 
local  taxation,  or  to  create  districts  for  that  purpose,  as  occasion  may 
require. 

Control  of  Water.  To  control  the  water  and  water  courses  leading 
to  the  city,  and  to  regulate  and  control  the  water  courses  and  mill  priv¬ 
ileges  within  the  city;  provided,  that  the  control  shall  not  be  exercised 
to  the  injury  of  any  rights  already  acquired  by  actual  owners,  and 
provided  further,  that  when  the  city  council  of  any  city  is  acting  as 
distributing  agent  of  the  water,  not  the  property  of  the  corporation, 
outside  of,  or  within  the  corporate  limits  of  such  city,  such  council  may, 
and  is  hereby  authorized  to,  levy  such  a  tax  as  may  be  necessary  annually 
for  the  purpose  of  controlling,  regulating,  and  distributing  such  water, 
and  constructing  and  keeping  in  repair  the  necessary  means  for  divert¬ 
ing,  conveying,  and  distributing  the  same;  provided,  that  the  funds 
derived  from  the  levy  of  said  tax  shall  not  be  appropriated  or  used  for 
any  other  purpose,  and  in  the  event  that,  if  more  tax  is  levied  and  col¬ 
lected  in  any  one  year  than  is  necessary  for  said  purposes  the  excess 
thereof  or  balance  shall  be  carried  to  the  account  of  the  year  next  fol¬ 
lowing  and  applied  to  the  purpose  for  which  it  was  collected.  Said 


19 


tax  shall  be  levied  and  collected  as  provided  by  ordinance,  and,  until 
collected,  the  same  shall  be  a  lien  upon  such  water  rights  and  the  land 
irrigated  thereby. 

Purchase  or  Lease  Water,  Canals,  Etc.  To  construct,  purchase,  or 
lease,  and  maintain  canals,  ditches,  artesian  wells,  and  reservoirs;  and 
to  purchase  or  lease  springs,  streams,  or  sources  of  water  supply  for 
the  purpose  of  providing  water  for  irrigation,  domestic  or  other  useful 
purposes;  and  prevent  all  waste  of  water  flowing  from  artesian  wells; 
and,  if  necessary  to  secure  said  sources  of  water  supply,  to  purchase 
or  lease  the  land  from  which  said  water  has  been  appropriated  or 
applied;  also  to  purchase,  acquire,  or  lease  stock  in  canal  companies 
and  water  companies  for  the  purpose  of  providing  water  for  said  city 
or  town  and  the  inhabitants  thereof. 

Whenever  a  city  council  or  city  is  acting  as  distributing  agent  of 
the  water,  not  the  property  of  the  corporation,  outside  of,  or  within  the 
corporate  limits  of  such  city,  as  provided  by  law,  such  city,  upon  written 
petition  of  the  owners  of  such  water,  may  increase  the  supply  of  said 
water  owned  by  said  persons  by  any  of  the  means  provided  in  this  sub¬ 
division,  and  for  that  purpose  may  levy  and  collect  from  the  owners  of 
such  water  a  tax  not  exceeding  such  sum  per  acre  of  land  owned  by  such 
persons  as  may  have  been  agreed  upon  and  designated  in  said  petition, 
said  tax  when  so  collected  to  be  appropriated  exclusively  to  said  purposes 
except  such  part  thereof  as  is  necessary  to  pay  the  expense  of  levying 
and  collecting  the  same.  Said  tax  shall  constitute  a  lien  upon  the  water 
rights  of  said  persons  and  the  land  irrigated  thereby,  and  shall  be  levied 
and  collected  as  provided  in  the  preceding  subdivision  of  this  section. 

Lighting  Works  and  Contracts.  To  contract  with  and  authorize  any 
person,  company,  or  association  to  construct  gas  works,  electric,  or 
other  lighting  works  in  said  city,  and  give  such  persons,  company,  or 
association  the  privilege  of  furnishing  light  for  the  public  buildings, 
streets,  sidewalks,  and  alleys  of  said  city,  for  any  length  of  time  not 
exceeding  three  years. 

Lighting  Streets.  Regulation  of  Sale  of  Light  and  Power.  To  provide 
for  the  lighting  of  streets,  laying  down  of  gas  pipes,  and  erection  of 
lamp  posts;  to  regulate  the  sale  and  use  of  gas,  natural  gas,  and  electric 
or  other  lights,  and  electric  power,  the  charge  therefor,  and  the  rent 
of  meters  within  the  city,  and  to  regulate  the  inspection  thereof;  to 
prohibit  or  regulate  the  erection  of  telegraph,  telephone,  or  electric 
wire  poles,  in  the  public  grounds,  streets,  or  alleys,  and  the  placing  of 
wires  thereon;  and  to  require  the  removal  from  the  public  grounds, 
streets,  or  alleys,  of  any  or  all  such  poles,  and  the  placing  underground 
of  any  or  all  telegraph,  telephone,  or  electric  wires. 

Water  Rates.  To  fix  the  rate  to  be  paid  for  the  use  of  water  fur¬ 
nished  by  the  city,  or  by  any  person  or  corporation. 


20 


Use  of  Sidewalks.  To  regulate  the  use  of  sidewalks  and  all  structures 
thereunder  or  thereover,  and  to  require  the  owner  or  occupant  of  any 
property  to  keep  the  sidewalks  in  front  of  or  along  the  same  free  from 
snow  and  all  other  obstructions. 

Obstructing  Streets.  To  regulate  and  prevent  the  throwing  or  deposit¬ 
ing  of  ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in,  and  to 
prevent  injury  or  obstruction  to  any  street,  avenue,  alley,  park,  or  public 
ground. 

Curbs  and  Gutters.  To  provide  for  and  regulate  crosswalks,  curbs 
and  gutters. 

Signs,  Awnings,  Etc.  To  regulate  or  prevent  the  use  of  streets,  side¬ 
walks,  public  buildings  and  grounds  for  signs,  sign  posts,  awnings, 
telegraph  or  telephone  poles,  horse  troughs  or  racks,  or  for  posting 
handbills  or  advertisements. 

Handbills.  To  regulate  or  prohibit  the  exhibition,  distribution,  or 
carrying  of  placards  or  handbills  in  the  streets,  public  grounds  or  upon 
the  sidewalks. 

Flags.  Banners.  To  regulate  or  prevent  the  flying  of  flags,  banners, 
or  signs  across  the  streets  or  from  houses. 

Street  Traffic.  To  regulate  or  prohibit  traffic  and  sales  upon  the 
streets,  sidewalks,  and  public  places. 

Speed  of  Horses  and  Vehicles.  To  regulate  the  speed  of  horses  and 
other  animals,  bicycles,  automobiles,  and  other  vehicles,  and  cars  and 
locomotives  within  the  limits  of  the  corporation;  and  to  prevent  horse 
racing,  immoderate  driving  or  riding  in  the  streets. 

Numbering  Houses.  To  regulate  the  numbering  of  houses  and  lots. 

Naming  Streets.  To  name  streets,  avenues,  and  other  public  places, 
and  to  change  the  names  thereof. 

Railroad  Tracks.  To  permit,  regulate,  or  prohibit  the  locating,  con¬ 
structing,  or  laying  the  tracks  of  any  railroad  or  tramway  in  any 
street,  alley,  or  public  place;  and  to  grant  franchises  to  railroad  com¬ 
panies,  and  to  union  railroad  depot  companies,  to  lay,  maintain,  and 
operate  in  any  street  or  part  or  parts  of  streets  of  said  cities,  or  other 
public  places  therein,  railroad  tracks,  and  union  railroad  depot  con¬ 
necting  and  terminal  tracks,  but  such  permission  shall  not  be  for  a  longer 
time  than  one  hundred  years. 

Railroad  Crossings.  To  provide  for  or  change  the  location,  grade,  or 
crossing  of  any  railroad;  and  to  declare  a  nuisance  and  to  take  up  and 
remove,  or  to  cause  to  be  taken  up  and  removed,  the  tracks  of  any 
street  railway  company  which  shall  have  been  laid  upon  the  streets  or 
highways  of  the  city  and  which  such  railway  company  has  failed  to 


21 


operate  with  cars  for  public  use  for  a  period  of  nine  months  after  the 
laying  thereof. 

Railroad  Fences.  To  require  railroad  companies  to  fence  their  re¬ 
spective  railroads  or  any  portion  of  the  same,  and  to  construct  cattle 
guards,  crossings  of  streets  and  public  roads,  and  keep  the  same  in 
repair  within  the  limits  of  the  corporation. 

Flagmen  at  Crossings.  Drainage.  To  require  railroad  companies  to 
keep  flagmen  at  railroad  crossings  of  streets,  or  otherwise  to  provide 
protection  against  injury  to  persons  or  property;  to  compel  such  com¬ 
panies  to  raise  or  lower  their  railroad  tracks  to  conform  to  any  grade 
which  at  any  time  may  be  established  by  such  city,  so  that  such  tracks 
may  be  crossed  at  any  place  on  any  street,  alley,  or  highway;  to  compel 
railway  companies  to  make  and  keep  open,  and  to  keep  in  repair,  ditches, 
drains,  sewers,  and  culverts  along  and  under  their  railroad  tracks  so 
that  the  natural  or  artificial  drainage  of  adjacent  property  shall  not  be 
impaired. 

Bridges.  To  construct  and  keep  in  repair  bridges,  viaducts,  and 
tunnels,  and  to  regulate  the  use  thereof. 

Drains,  Sewers,  Etc.  To  construct  and  keep  in  repair  culverts,  drains, 
sewers,  catch  basins,  manholes,  and  cesspools,  and  to  regulate  the  con¬ 
struction  and  use  thereof. 

Licenses  Generally.  To  license,  tax  and  regulate  hawking,  peddling, 
pawn-brokerage,  loan  agencies,  employment  agencies,  the  keeping  of 
ordinances,  theatricals,  and  other  exhibitions,  shows,  and  amusements, 
and  the  business  conducted  by  ticket  scalpers,  distilleries,  breweries, 
money  changers,  brokers,  keepers  of  public  scales,  runners  for  stages, 
cars,  public  houses,  or  other  persons  or  things,  and  to  revoke  such 
license  at  pleasure;  to  license,  tax  and  regulate  banks,  bath  houses, 
livery  stables,  skating  rinks,  smelters,  crushers,  express  companies,  restau¬ 
rants,  hotels,  taverns,  theatres,  opera  houses,  music  halls,  boarding 
houses,  eating  houses,  chop  houses,  lodging  houses,  laundries,  barber 
shops,  second  hand  or  junk  stores,  and  to  forbid  the  owners  or  persons 
in  charge  of  said  stores  from  purchasing  or  receiving  any  article  what¬ 
ever  from  minors  without  the  written  consent  of  their  guardians  or 
parents;  and  storage  houses,  and  to  require  bond  to  the  city  for  the 
benefit  of  bailors  therein;  to  license,  tax,  and  regulate  the  business  con¬ 
ducted  by  hackmen,  draymen,  omnibus  drivers,  carters,  cabmen,  porters, 
expressmen,  watermen,  and  all  others  pursuing  like  occupations,  and 
to  prescribe  their  compensation;  to  license,  tax,  and  regulate  the  busi¬ 
ness  conducted  by  merchants,  retailers,  shop  and  storekeepers,  butchers, 
druggists,  photographers,  assayers,  confectioners,  furniture  dealers,  coal 
dealers,  lumber  dealers,  fruit  peddlers,  and  solicitors;  to  license,  tax, 
and  regulate  bill  boards,  bill  posting,  and  the  distribution  of  adver¬ 
tising  matter;  to  license,  tax,  and  regulate  the  running  of  automobiles, 
street  railway  and  steam  cars,  bicycles,  and  other  vehicles. 


22 


Games  and  Dancing.  To  license,  tax,  regulate,  and  suppress  billiard, 
pool,  bagatelle,  pigeon  hole,  or  any  other  tables  or  implements  kept  or 
used  for  similar  purpose;  also  pin  alleys,  or  tables,  or  ball  alleys;  also 
to  license,  tax,  regulate,  in  cities  of  the  first  and  second  class,  prohibit 
or  suppress,  dancing  halls,  dancing  resorts,  dancing  pavilions,  and  all 
places  or  resorts  to  which  persons  of  opposite  sexes  may  resort  for  the 
purpose  of  dancing  or  indulging  in  other  social  amusements. 

Disorderly  Houses.  To  suppress  and  prohibit  the  keeping  of  bawdy 
and  other  disorderly  houses,  houses  of  ill  fame  or  assignation,  or  houses 
kept  by,  maintained  for,  or  resorted  to  or  used  by  one  or  more  females 
for  lewdness  or  prostitution  within  the  limits  of  the  city,  and  within 
three  miles  of  the  outer  boundaries  thereof;  and  to  prohibit  the  resort¬ 
ing  thereto  for  any  of  the  purposes  aforesaid;  and  also  to  suppress 
and  prohibit  gambling  houses  and  gambling,  lotteries,  and  all  fraudu¬ 
lent  devices  and  practices,  and  all  kinds  of  gaming,  playing  at  dice, 
cards,  and  other  games  of  chance,  and  to  prohibit  music  or  the  sale  or 
exhibition  of  obscene  or  immoral  publications,  prints,  pictures  or  illus¬ 
trations. 

Liquor.  To  license  and  regulate,  or  prohibit,  the  manufacturing, 
selling,  giving  away,  or  disposition  in  any  manner,  of  any  intoxicating 
liquor;  provided,  no  licenses  for  such  purpose  shall  be  issued  by  the 
city  council  of  any  city  where  the  qualified  electors  of  such  city  have 
voted  “against  sale”  of  intoxicating  liquors,  and  where  the  qualified 
electors  have  voted  “against  sale”  of  intoxicating  liquors,  the  city  council 
of  such  city  shall  prohibit  the  manufacturing,  selling,  giving  away,  or 
disposition  in  any  manner,  of  any  intoxicating  liquors,  except  the  manu¬ 
facture  thereof  as  provided  by  law,  and  in  any  city  where  the  qualified 
electors  have  voted  “for  sale”  of  intoxicating  liquors,  such  city  council 
shall  have  the  right  to  determine  the  amount  to  be  paid  for  liquor 
licenses,  as  provided  by  law,  and  said  licenses  shall  be  subject  to  the 
same  regulations  as  are  required  by  the  general  laws  of  the  State,  and 
to  provide  such  other  reasonable  regulations  as  such  city  council  may 
deem  advisable. 

Markets.  To  establish  markets  and  market  houses,  and  provide  for 
the  regulation  and  use  thereof.  To  provide  for  the  place  and  manner 
of  sale  of  meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  and  all 
other  provisions,  and  regulate  the  selling  of  the  same. 

Inspection  of  Provisions.  To  provide  for  and  regulate  the  inspection 
of  meats,  fruits,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  flour, 
meal,  and  all  other  provisions. 

Inspection  of  Merchandise.  To  provide  for  the  inspection,  measure¬ 
ment,  or  graduation  of  any  merchandise,  manufacture,  or  commodity, 
and  to  appoint  the  necessary  officers  therefor. 


Weights  and  Measures.  To  provide  for  the  inspection  and  sealing  of 
weights,  measures,  computing  scales  and  all  weighing  and  measuring 
devices  indicating  arithmetical  values  as  well  as  weight. 

To  enforce  the  keeping  of  proper  weights,  measures,  computing 
scales  and  all  weighing  and  measuring  devices  indicating  arithmetical 
values  as  well  as  weight. 

Plumbing.  To  regulate  the  construction,  repair,  and  use  of  vaults, 
cisterns,  areas,  hydrants,  pumps,  sewers,  gutters,  and  plumbing,  and 
to  provide  for  a  board  of  examiners  to  examine  into  the  fitness  and 
qualifications  of  persons  following  the  plumbing  trade;  and  to  prescribe 
what  qualifications  are  necessary  of  persons  following  said  trade. 

Disorderly  Conduct.  Obtaining  Money  Under  False  Pretenses.  To  pre¬ 
vent  intoxication,  fighting,  gambling,  quarreling,  dog  fights,  cock  fights, 
prize  fights,  bull  fights,  and  all  disorderly  conduct,  and  to  provide 
against  and  prevent  the  offenses  of  assault  and  battery  and  petit  lar¬ 
ceny;  to  restrain  riots,  routs,  noises,  disturbances,  or  disorderly  assem¬ 
blies  in  any  street,  house,  or  place  in  the  city;  to  regulate  or  prevent  the 
discharge  of  firearms,  rockets,  powder  fireworks,  or  any  other  danger¬ 
ous  or  combustible  material  in  the  streets,  lots,  grounds,  alleys  or 
about  or  in  the  vicinities  of  public  buildings.  To  provide  against  and 
prevent  the  offense  of  obtaining  money  or  property  under  false  pre¬ 
tenses,  or  the  offense  of  embezzling  money  or  property;  in  all  cases 
where  the  money  or  property  embezzled  or  obtained  by  false  pretenses 
does  not  exceed  in  value  the  sum  of  $50. 

Concealed  Weapons.  To  regulate  and  prohibit  the  carrying  of  con¬ 
cealed  weapons. 

Vagrants.  To  arrest,  fine,  or  set  to  work  on  the  streets  or  else¬ 
where,  all  vagrants,  mendicants,  and  persons  found  in  said  city  with¬ 
out  visible  means  of  support  or  some  legitimate  business. 

Disorderly  Conduct.  To  provide  for  the  punishment  of  persons  dis¬ 
turbing  the  peace  and  good  order  of  the  city  or  any  lawful  assembly, 
by  clamor  or  noise,  or  by  intoxication,  fighting,  or  using  obscene  or 
profane  language,  or  otherwise  violating  the  public  peace,  by  indecent 
or  disorderly  conduct  or  by  lewd  or  lascivious  behavior,  and  to  punish 
for  interfering  with  any  city  officer  in  the  discharge  of  his  duty.  Also 
to  provide  for  the  punishment  of  trespass  and  such  other  petty  offenses 
as  the  city  council  may  deem  proper. 

Tramps,  Swindlers,  Etc.  To  provide  for  the  punishment  of  tramps, 
common  street  beggars,  common  prostitutes,  habitual  disturbers  of  the 
peace,  pickpockets,  gamblers,  thieves,  or  persons  who  practice  any  game, 
trick,  or  device,  with  intent  to  swindle. 

Fire  Limits.  To  define  the  fire  limits,  and  prescribe  limits  within 
which  no  building  shall  be  constructed  except  of  brick,  stone,  or  other 


24 


incombustible  material,  without  permission,  and  to  cause  the  destruc¬ 
tion  or  removal  of  any  building  constructed  or  repaired  in  violation  of 
any  ordinance,  and  to  cause  all  buildings  and  enclosures  which  may  be 
in  a  dangerous  state  to  be  put  in  a  safe  condition  or  removed. 

Construction  of  Buildings.  To  prescribe  the  manner  of  constructing 
stone,  brick,  and  other  buildings,  and  the  construction  of  fire  escapes; 
and  to  cause  all  buildings  used  for  public  purposes  to  be  provided  with 
sufficient  and  ample  means  of  exit  and  entrance,  and  to  be  supplied 
with  necessary  and  appropriate  appliances  for  the  extinguishment  of 
fire,  to  prevent  the  over-crowding  thereof,  and  to  regulate  the  placing 
and  use  of  seats,  chairs,  benches,  scenery,  curtains,  blinds,  screens,  or 
other  appliances  therein. 

Chimneys,  Boilers,  Etc.  To  prevent  the  dangerous  construction  and 
condition  of  chimneys,  fireplaces,  hearths,  stoves,  stovepipes,  heaters, 
ovens,  furnaces,  boilers,  and  apparatus  used  in  and  about  buildings, 
and  maufactories,  and  cause  the  same  removed  or  placed  in  a  safe  con¬ 
dition. 

Prevention  of  Fires.  To  regulate  and  prevent  the  carrying  on  of 
manufacturing  likely  to  cause  fires,  and  to  prevent  the  deposit  of  ashes 
in  unsafe  places. 

Fire  Department.  Except  as  otherwise  provided  by  law,  to  provide 
for  the  organization  and  support  of  a  fire  department;  to  procure  fire 
engines,  hooks,  ladders,  buckets,  and  other  apparatus;  and  to  organize 
fire  engine  and  hook  and  ladder  companies,  and  to  prescribe  duties, 
rules,  and  regulations  for  the  government  thereof,  with  such  penalty  as 
the  council  may  deem  proper,  and  to  make  all  necessary  appropriation 
therefor;  and  to  establish  regulations  for  the  prevention  and  extinguish¬ 
ing  of  fires. 

Combustibles  and  Explosives.  To  regulate  or  prevent  the  storage  of 
gunpowder,  tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  nitroglycerine, 
petroleum,  or  any  of  the  products  thereof,  and  other  combustible  or  ex¬ 
plosive  materials,  and  the  use  of  lights  in  stables,  shops,  and  other 
places,  and  the  building  of  bonfires. 

Steam  Boilers  and  Elevators.  To  provide  for  the  inspection  and  to 
regulate  the  use  of  steam  boilers;  to  provide  for  the  examination,  regu¬ 
lation,  and  licensing  of  stationary  engineers  and  others  having  charge 
or  control  of  stationary  engines,  boilers,  or  steam  generating  apparatus, 
or  elevators  within  the  corporate  limits  of  the  city. 

City  Jails.  To  establish,  erect,  and  maintain  the  city  jails,  houses 
of  correction,  and  workhouses  for  the  confinement  of  persons  convicted 
of  violating  any  city  ordinance,  and  to  make  rules  and  regulations  for 
the  government  of  the  same,  and  to  appoint  necessary  jailers  and  keep¬ 
ers;  and  to  use  the  county  jail  for  the  confinement  or  punishment  of 


25 


offenders,  subject  to  such  conditions  as  are  imposed  by  law,  and  with 
the  consent  of  the  board  of  county  commissioners. 

Cruelty  to  Animals.  To  prohibit  cruelty  to  animals.  , 

Nuisances.  To  declare  what  shall  be  a  nuisance,  and  to  abate  the 
same,  and  to  impose  fines  upon  parties  who  may  create,  continue,  or 
suffer  nuisances  to  exist. 

Health  and  Quarantine.  To  make  regulations  to  secure  the  general 
health  of  the  city,  to  prevent  the  introduction  of  contagious,  infectious, 
or  malignant  diseases  into  the  city,  and  to  make  quarantine  laws  and 
enforce  the  same  within  the  corporate  limits,  and  within  twelve  miles 
thereof.  To  create  a  board  of  health  and  prescribe  the  powers  and  duties 
of  the  same. 

Cemeteries  and  Hospitals.  To  purchase,  hold,  and  pay  for  the  lands 
within  or  without  the  corporate  limits  for  the  burial  of  the  dead;  and 
all  necessary  grounds  for  hospitals,  and  to  have  and  exercise  police 
jurisdiction  over  the  same,  and  over  any  cemetery  used  by  the  inhabi¬ 
tants  of  said  city;  and  to  survey,  plat,  map,  fence,  ornament,  and  to 
otherwise  improve  all  public  burial  and  cemetery  grounds,  and  to  con¬ 
vey  cemetery  lots  owned  by  said  city,  and  pass  rules  and  ordinances 
for  the  protection  and  governing  of  said  grounds. 

Births  and  Deaths.  To  regulate  the  burial  of  the  dead  and  the  regis¬ 
tration  of  births  and  deaths;  to  direct  the  returning  and  keeping  of 
bills  of  mortality,  and  to  impose  penalties  on  physicians,  sextons,  and 
others  for  default  therein. 

Estrays.  To  regulate  or  prohibit  the  running  at  large,  within  the 
limits  of  the  city,  horses,  mules,  asses,  cattle,  swine,  sheep,  goats,  geese, 
and  all  kinds  of  poultry;  to  establish  a  pound  and  appoint  a  pound- 
keeper  and  prescribe  his  duties,  and  to  distrain  and  impound  animals 
running  at  large,  and  to  provide  for  the  sale  of  the  same  in  the  same 
manner  provided  by  the  laws  of  the  State  for  the  sale  of  estrays  and 
trespassing  animals.  The  proceeds  arising  from  the  sale  of  such  animals, 
after  the  payment  of  all  costs,  shall  go  to  the  city  treasury  to  be  dis¬ 
posed  of  according  to  law. 

Dogs.  To  license,  tax,  regulate,  or  prohibit  the  keeping  of  dogs,  and 
to  authorize  the  destruction  of  the  same  when  at  large,  contrary  to  ordi¬ 
nance. 

Packing  Houses,  Etc.  To  direct  the  location  and  regulate  the  man¬ 
agement  and  construction  of  packing  houses,  tanneries,  canneries,  ren- 
deries,  bone  factories,  slaughter  houses,  butcher  shops,  soap  factories, 
foundries,  breweries,  distilleries,  livery  stables,  and  blacksmith  shops 
in  and  within  one  mile  of  the  limits  of  the  corporation. 

Offensive  Trade.  To  prohibit  any  offensive,  unwholesome  business 
or  establishment  in  and  within  one  mile  of  the  limits  of  the  corporation; 


26 


to  compel  the  owner  of  any  .  pigsty,  privy,  barn,  corral,  sewer,  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate,  or  remove 
the  same,  and  to  regulate  the  location  thereof. 

Census.  To  provide  for  taking  the  census,  but  no  census  shall  be 
taken  oftener  than  once  in  five  years,  except  as  provided  in  Chapter  1 
of  this  title. 

Public  Buildings.  To  provide  for  the  construction  and  care  of  all 
public  buildings  necessary  for  the  use  of  the  city. 

Annoying  Amusements.  To  prevent  or  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  riding  of  bicycles  or  tricycles,  or  any 
other  amusements  or  practice  having  a  tendency  to  annoy  persons  pass¬ 
ing  in  the  streets,  or  on  sidewalks,  or  to  frighten  teams  or  horses. 

Lumber  Yards,  Etc.  To  regulate  or  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  of  any  lumber,  timber, 
wood,  or  other  combustible  material  within  the  fire  limits  of  the  city. 

Water  Works.  Fire  Signals.  To  purchase,  construct,  lease,  rent, 
manage,  and  maintain  any  system  or  part  of  any  system  of  water  works, 
hydrants,  and  supplies  of  water,  telegraphic  fire  signals,  or  fire  appa¬ 
ratus,  and  to  pass  all  ordinances,  penal  or  otherwise,  that  shall  be  neces¬ 
sary  for  the  full  protection,  maintenance,  management,  and  control  of 
the  property  so  leased,  purchased,  or  constructed. 

Public  Libraries.  To  establish,  maintain,  and  regulate  free  public 
libraries  and  reading  rooms,  as  provided  by  law,  and  to  perpetuate  such 
free  libraries  and  reading  rooms  as  may  have  been  heretofore  estab¬ 
lished  in  said  cities. 

Processions.  To  regulate  or  prohibit  all  public  demonstrations  and 
processions  which  interfere  with  the  public  traffic. 

Burial  of  Indigent  Dead.  To  provide  for  the  burial  of  the  indigent 
dead,  and  to  pay  the  expenses  thereof. 

Education.  To  authorize  the  taking  and  to  provide  for  the  safe 
keeping  and  education,  for  such  periods  of  time  as  may  be  expedient,  of 
all  children  who  are  destitute  of  proper  parental  care. 

Inspection  of  Liquor.  To  regulate  the  inspection  of  malt,  vinous,  fer¬ 
mented  and  spirituous  liquors. 

!  Street  Tax.  To  provide  by  ordinance  for  the  annual  levy  and  col¬ 

lection  of  a  street  tax  to  be  assessed  upon  the  property,  real  and  per¬ 
sonal,  within  the  city,  which  tax,  if  levied  and  collected,  shall  be  in  lien 
[lieu]  of  the  tax  provided  for  in  the  sub.  3  of  sec.  253.  Said  tax  shall 
not  in  any  one  year  exceed  one-half  of  one  per  cent,  and  shall  be  ex¬ 
pended  for  the  opening,  widening,  grading,  and  improving  of  the  streets, 
sidewalks,  avenues,  and  alleys  of  the  city. 


27 


Street  Noises.  To  prevent  the  ringing  of  bells,  blowing  of  horns, 
and  bugles,  crying  of  goods  by  auctioneers  and  others,  and  the  making 
of  other  noises,  for  the  purpose  of  business,  amusement,  or  otherwise, 
and  to  prevent  all  performances  and  devices  tending  to  the  collection 
of  persons  on  the  streets  or  sidewalks  of  the  city. 

Fastening  Animals.  To  compel  persons  to  fasten  animals  attached  to 
vehicles  standing  or  remaining  in  the  street. 

Official  Bonds  and  Reports.  To  require  all  municipal  officers  and 
agents,  elected  or  appointed,  to  give  bond  and  security  for  the  faithful 
performance  of  their  duties,  and  to  require  from  every  officer  of  the 
city,  at  any  time,  a  report  in  detail  of  all  transactions  in  his  office  or 
any  matters  connected  therewith. 

Create  Offices.  Provide  for  Vacancies.  To  create  any  office  that  may 
be  deemed  necessary  for  the  good  government  of  the  city,  and  to  pro¬ 
vide  for  all  vacancies  in  elective  and  appointive  offices;  to  regulate  and 
prescribe  the  powers,  duties  and  compensation  of  all  officers  of  the  city 
except  as  otherwise  provided  by  law. 

Licenses  and  Taxes.  To  raise  revenue  by  levying  and  collecting  a 
license  fee  or  tax  on  any  private  corporation  or  business  within  the 
limits  of  the  city  and  regulate  the  same  by  ordinance.  All  such  license 
fees  and  taxes  shall  be  uniform  in  respect  to  the  class  upon  which  they 
are  imposed. 

Ordinances.  To  pass  all  ordinances  and  rules,  and  make  all  regula¬ 
tions,  not  repugnant  to  law,  necessary  for  carrying  into  effect  or  for 
discharging  all  powers  and  duties  conferred  by  this  act,  and  such  as  are 
necessary  and  proper  to  provide  for  the  safety,  and  preserve  the  health, 
and  promote  the  prosperity,  improve  the  morals,  peace,  good  order, 
comfort,  and  convenience  of  the  city  and  the  inhabitants  thereof,  and 
for  the  protection  of  property  therein;  and  to  enforce  obedience  to  such 
ordinances  with  such  fines  or  penalties  as  the  city  council  may  deem 
proper;  provided,  that  the  punishment  of  any  offense  shall  be  by  a  fine 
in  any  sum  less  than  $300  or  by  imprisonment  not  to  exceed  six  months, 
or  by  both  such  fine  and  imprisonment. 

Approved  March  20th,  1911. 

CITY  AND  TOWN  SPECIAL  TAXES. 

Special  Taxes  May  Be  Levied.  Special  or  local  taxes  may  be  levied 

by  the  city  council  or  board  of  trustees  of  any  city  or  town  in  this  State  s 

for  the  purpose  of  constructing,  reconstructing,  extending  or  maintain¬ 
ing  water  works,  reservoirs,  canals,  and  ditches,  laying  pipes  and  mains, 
erecting  hydrants  and  keeping  the  same  in  repair;  for  the  purpose  of  i 

supplying  water  for  domestic  and  irrigation  purposes,  or  either,  and 

for  the  purpose  of  regulating,  controlling,  and  distributing  the  same, 
and  for  the  purpose  of  regulating  and  controlling  water  and  water 


28 


courses  leading  into  the  city  or  town;  for  constructing  and  maintaining 
gas,  electric,  or  other  plants  for  illumination,  and  the  necessary  means 
and  cost  of  distribution;  and  for  constructing,  extending,  and  repairing 
sewers  and  drains;  and  for  constructing  and  paving  of  sidewalks;  such 
taxes  to  be  levied  on  the  real  estate  lying  and  being  within  the  district 
in  which  such  improvements  may  be  made,  or  for  the  benefit  of  which 
such  taxes  are  to  be  expended,  to  the  extent  of  the  benefits  to  such 
property,  by  reason  of  such  improvement  or  expenditure,  the  benefits 
to  such  property  to  be  determined  by  the  council  or  board  of  trustees; 
provided,  that  in  cases  where  the  council  or  board  of  trustees  shall  find 
such  benefits  to  be  equal  and  uniform,  such  levy  may  be  made  accord¬ 
ing  to  the  front  feet  or  square  feet,  of  lots  or  real  estate  within  said 
district  or  according  to  such  other  rule  as  the  council  or  board  of  trus¬ 
tees  may  adopt  for  such  distribution  or  adjustment  of  such  costs  upon 
the  lots  or  real  estate  in  such  district  benefited  by  such  improvement 
or  expenditure,  and  all  taxes  or  assessments  made  for  such  purposes 
shall  be  collected  in  the  same  manner  as  other  special  assessments,  and 
shall  be  subject  to  the  same  penalty,  provided,  that  a  tax  levied  for  sup¬ 
plying  water  for  irrigation  and  for  distributing  and  regulating  the  same, 
may  be  levied  upon  real  estate  according  to  the  amount  of  water  used 
thereon,  or  may  be  levied  as  an  acreage  tax. 

Approved  March  20th,  1911. 


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